EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – When Duty Arises/Sufficiency of Bargaining Demand
Single Topic for Decision 2097M
Full Decision Text (click on the link to view): Full Text
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a request to bargain need not identify specific effects, and also that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of its decision. * * *
In dealing with effects bargaining, the employee organization is entitled to reasonable notice and an opportunity to bargain over the negotiable effects of a non-negotiable decision. Where formal notice is not given, but the employee organization receives actual notice of a decision, the effects of which it believes to be negotiable, the employer’s failure to give formal notice is of no legal import and the burden is on the employee organization to request bargaining. The employee organization’s request must clearly indicate the desire to bargain over the effects as opposed to the decision itself. Failure by the employee organization to make a valid request to bargain the negotiable effects of the decision constitutes a waiver of the right to bargain regarding those effects.